United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(OS-120)
January '989

Successful  Practices in
Title III Implementation

Tech n icaI Assistanee
Bulletin 6, Vol. 1
Chemical  Emergency
Preparedness and Prevention
 State of Kansas
 Washtenaw County, Michigan
 Butler County, Kansas
 Jefferson County, Kentucky

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                                     ABOUT THIS BULLETIN
       This is the first in a series of bulletins EPA is issuing to provide examples of SARA Title HI (the
Emergency Planning and Community Right-to-Know Act of 1986) programs and practices that are
innovative or have proven to be .effective. The purpose of these bulletins is to share information  on
successful practices with Local Emergency Planning Committees (LEPCs), State Emergency Response
Commissions (SERCs), fire departments, and Title m implementing agencies throughout the  country with
the hope that such information will prove useful to other SERCs and LEPCs as their programs develop
and evolve.

        Elements from the programs featured here may be transferrable to other programs hi similar
communities or with similar situations.  The bulletins will provide information on a variety of practices -
e.g., planning, information management, compliance, outreach. The particular topics covered  in each
program description are listed at the upper right hand  corner of the first page  of the description for  easy
reference.  If you have any comments on the format of this series of bulletins,  please contact Martha
Colvin of the Preparedness Staff, U.S. Environmental Protection Agency, OS-120, 401 M St., SW,
Washington, DC 20460, (202) 382-4514.

        The descriptions of the programs are  not exhaustive.  They are meant  to provide readers  with
enough infonnation to decide if a particular idea is possibly applicable to their own situation.  Each
description includes a contact person who can provide more detailed information and assistance.

        If you know of Tide ffl efforts that you feel would be of interest to others, please cafl your EPA
Regional Preparedness Coordinator (see list on the last page) or the Emergency Planning and Community
Right-to-Know Infonnation Hotline at 1-800-535-0202 .(in Washington, DC: (202) 479:2449).
                                                            •, Preparedness Staff
                                                            if Solid Waste and Emergency Response

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                                                                    Leadership
                                                                    Outreach
                                                                    Planning
                                                                    Training
                                                                    Hazards Analysis
                                                                    Information Management
                                                                    Funding
                                                                    Compliance
State characteristics:    105 counties are LEPDs

SERC:  Cabinet officers heading 11 state agencies  3 public representatives, 2 industry representatives;
        Chair: Lieutenant Governor
        Kansas is often cited as an example of a Title m program that is working well.  The Kansas
LEPCs report that they have received the help they need from the SERC. The keys to this success at the
state level are strong leadership and a conviction that Tide m must be a way of life in Kansas, that
because we live in a world with the potential for chemical exposure, Title HI work must be ongoing.
SERC ACTIVITIES

        Leadership.  The chairman of the SERC is Lieutenant Governor Jack Walker, M.D., who has  :
been very active, pushing the eight-person SERC staff to make the program work.  The other SERC
members are heads of cabinet offices and high-ranking officials of industry and interest groups. The
combination of SERC members who have the power to get things done and who are committed to the
program has made it possible for the state to develop a proactive program with limited resources.

        In the first month or two after the LEPCs were appointed, Kansas LEPC chairs  were resigning
with alarming frequency. The SERC members and- staff realized that most of these people were confused
by the totally new program and somewhat apprehensive of.it.  They decided the key to making Title HI
work was to make the LEPCs comfortable, to give them all the help possible, to show them how  to make
it work.  The SERC staff spent a couple of months designing  a program of training and  outreach
activities that would make it possible for 15 Uy LEPC members to understand Tide m and put it into
action. The result has been a Title m program.that is working throughout the state.

         Outreach.  Kansas has produced a series of brochures and booklets to explain Tide HI:

         •       Guide to Community Right-to-Know Compliance under SARA  and Kansas Laws
                explains how to determine if a facility must comply witii die various Tide ED
                requirements and how to comply.

         •       Summary of Registered Pesticides and Pharmaceutical Products in Kansas lists die
                section 302 extremely hazardous substances by dieir  trade names and lists die
                direshold planning quantities in gallons ratiier than pounds because farmers, in
                particular, deal in gallons and trade name products.   The booklet even tells how
                many flea collars  add up to die direshold planning quantity.

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                                                                                      Kansas (cont.)

        •      Brochures directed to specific audiences — e.g., small businesses, farmers ~ to explain
               how Title EH might affect them.  These brochures have been given to the LEPCs to help
               them with their outreach programs, which the state has required them to carry out.

        These booklets, developed for facilities, fanners,, and the public, were distributed at special
conferences, state fairs, trade shows, trade association meetings, and at  public meetings.  In addition,
Kansas had public service announcements on radio and television.

        Training.  One of the principal methods the Kansas SE 1C has used to make the LEPCs
comfortable with Title HI and their responsibilities has been trailing.  Using State and Federal funding,
the SERC has given its training courses at locations around the State.  The SERC believes it has trained
the largest number  of people at the lowest cost of any state in its region.; The SERC has provided
courses  in:   .

        •      Recognizing and identifying  hazardous materials (six hour course);

        •      The pesticide  challenge (Pesticides and Title HI) (16 hour course);

        •      Hazardous materials contingency  planning (40 hour course); and

        •      Hazards analysis (16 hour course).

        Because the-SERC mandated that each LEPC conduct a vulnerability analysis as part of its
planning, the SERC decided it needed a course that thoroughly explained the  Technical Guidance for
Hazards Analysis, the "green book" prepared by EPA,, FEMA, and DOT.  Students are asked to bring
their own county  and city maps as well as their lists of chemicals present  in their community.

        Planning. To help LEPCs prepare their plans, the SERC developed a plan with one county that
other LEPCs could use as a sample.  The sample is not a "fill in the blanks" model  Instead it is an
example showing  LEPCs the types of letters that have been sent to facilities, the by-laws that have been
adopted by another LEPC, and the methods used for  hazards analysis.  While some parts of the plan may
be  adaptable, the main purpose of the sample is to show other LEPCs what a real plan for a Kansas
LEPC looks like.  The SERC  is also working with LEPCs on the draft  plans so that the final plains
submitted will be acceptable.

        Hazard Identification.  In further support of LEPC planning, the SERC has suggested at least
two methods to be used  to gather  information for the hazards analysis described in the "green book."  For
smaller  counties,  the SERC has asked for a  12-hour road survey (see Butler County description below).
The LEPCs collect information on all the hazardous materials being transported hi the county over a 12-
hour period.  The method has been an effective tool for making the smaller counties realize that even if
they lack industry they have hazardous materials and may have to respond to emergencies.

        For the more populated areas the SERC  has  developed the Hazards Incidents Complexity
Analysis.  This method divides the area into 2 mile by 2 mile grids. For each grid, the  LEPC collects
historical accident data, information on special populations (e.g., hospitals, schools), and environmental
factors such as aquifers.  The  LEPC then rates the hazards in each grid in relation to the other grids to
determine where  the highest priorities should be assigned for the planning process.  Although the method
is not statistically valid, the SERC  believes it creates an awareness of the  problems.

        Information Management.  The SERC is  developing an information management  system that wifl
depend on state rather than LEPC efforts.  The SERC believes such a system is needed because
individual LEPCs are not able to handle large quantities of MSDSs.  The state has purchased the
HAZOX software package and given it to four counties as  a pilot project. The package contains  the J.T.

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                                                                                     Kansas (cont.)

Baker Chemical Library that provides standardized MSDSs for each chemical as well as EPA chemical
profiles.  Eventually, the SERC hopes to have a system that can be accessed and used  by every LEPC.

        Funding.  The State legislature has passed a bill to fund the SERC program.   Hah7 the funds
come from general revenues, the other  half from fees.  Originally,  the state intended to fund the entire
program through fees, but decided that because the program benefits the public, they should share some
of the burden. The following fees have been adopted:

        •       For section 311 lists, $23/facility.

        •       For each MSDS,  $6.                                        .

        •       For Tier I forms, $6/facility.

        •       For Tier H forms, $9/report.

        •       For section 313. forms,  $187/facility.

        •       For annual filing  of any section 311-313 forms, $2.

        The state charges no fee  for filing section 302 notifications. The state does not provide.funding
forLEPCs.

        The Title in planning process has forced the counties to look at their resources and, in some
cases, to write ordinances to give  themselves enforcement powers.  For example, some  are adopting
ordinances that make  the responsible party pay for a cleanup.

        Compliance.  On October 18,  1988, the SERC published a list of LEPCs that have not completed
plans.  The SERC is also emphasizing that the LEPCs have a public safety responsibility: If the LEPC
fails to  develop a plan and an accident  happens, it could be liable if people are hurt or property damaged
when planning could have prevented it.

LESSONS LEARNED

        Have a Broad-Based LEPC Membership. Inclusion of people who are not typically part of the
emergency planning process has been critical to the success of the  Kansas program.  These people ask the
"simple" questions that need to be asked and they bring new ideas  to the process.

        The SERC has also come to realize that there is  a great deal of misunderstanding on the  part of
local officials and responders -about the type of assistance that would be available from  the state and
federal government  Some LEPCs expect  that the state or federal government will send a hazardous
materials  response team to handle incidents. The process of working with  the LEPCs has been useful in
educating them about their responsibilities. The planning process is also being used to focus on needed
resources to be requested in county budgets.

        Committed SERC the Key. SERC staff emphasize that the key to success is a committed, active
SERC that makes the LEPCs  comfortable.


Contact:        Frank Moussa
                Adjutant General's Office
                PO Box 300C
                Topeka, Kansas  66601
                (913) 233-7560

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                                                                     Funding
                                                                     Information Management
                                 Washtenaw County  [              Prevention

                  MICHIGAN  ~

                          d?
LEPC:  28 members (elected officials, law enforcement, fire i  rhters, medical, transportation, community
        and environmental groups, labor, education, agricultur , emergency response, facilities; chair:
        community representative)

Population:    272,000

Facilities:      41 to date, primarily related to the automobile industry and waste water
               treatment.                            '     !
        Washtenaw County passed its own right-to-know regulation through the Board of Health in 1986.
Because of State preemption, however, the county did not begin enforcing it until 1988. The law is     w
broader than Title HI in that it covers OSHA hazardous chemicals and chemicals on a State registry, the
county, however, is dovetailing the program with Title HI and using the information being gathered during
inspections to help with the plan required under SARA section 303.


LEPC ACTIVITIES

        Funding.  The county regulations allow the local environmental health bureau to inspect facilities
that handle  or store hazardous chemicals and charge a fee  for the inspection.  Until 1990, -facilities with
aggregate amounts of toxic chemicals in excess of 275 gallons are required to report the presence of those
chemicals; each  reporting facility will be inspected.  After 1990, the reportable quantity will become 27  1/2
gallons.  Fees range from $100 to $600 based  on aggregate volume.  The money collected through  the fee
system will pay  for the inspectors and for the  administration of the inspection program; the fees do not
pay for Tide HI planning.

        Prevention of Chemical Accidents. So far the inspections have uncovered a number of potentially
dangerous situations that have since  been rectified.  For example, one person who ,was running  a tou
from his home had blasting caps stored in the house and dynamite stored nearby outside the house.
Another inspection uncovered ten-years worth of hazardous waste improperly stored.

        In addition, during their inspections, the local environmental health bureau has discovered taat
many facilities lack any detection systems  to alert them to a leak.  The LEPC is advising facilities at tfce
need for better  equipment and is urging them to install detection systems that will monitor potential '—*
and thus  protect their employees  and the  community. All efforts are coordinated with local fire
departments that would cover these  facilities in an emergency situation.

        Information Management.  The county has developed forms that in some respects parallel the
Tier II forms required under section 312 of SARA.  These county forms  for the reporting of the
chemicals covered under the  county  regulation can then be used as worksheets for filling in the Tier 0
forms.' The county has offered seminars -to help  facilities fill in the forms.

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                                                              Washnetaw County, Michigan (cont.)

LESSONS LEARNED

       Local Regulations Help. The County's local Right-to-Know regulation has provided funding for
the program and has allowed the LEPC to identify many more facilities that are covered under Title Ed
than  originally reported to the SERC. The LEPC has been able to work with these facilities to provide
them with the information they need to comply.


Contact:        Dr. Rebecca Head
               c/o Department of Public Works/Hazardous Substance Panel
               110 N. 4th Ave.
               PO Box 8645
               Ann Arbor, Michigan 48107
               (313) 994-2398

                      or

               Robert Blake
               c/o Environmental Health Bureau
               2355 West Stadium  Bfod.
               Box 8645
               Ann Arbor, Michigan 48107
               (313) 994-4958

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                       Butler County
                                                             Hazards Identification Survey
        KANSAS  XXl                                  „      Transportation
                                                             Outreach
LEPC:  20 members (includes three,county commissioners, health department, media, industry, county
        director of the environment)

Population:     48,000

Facilities:      1 major refinery                      '
        Butler is a relatively rural county in southeastern Kansas.  When the LEPC began its Tide DDE
work, members assumed that few hazardous substances were used or stored in their community.  The
county,  however, has five major highways, two railroad lines, and 800 miles of pipelines.


LEPC ACTIVITIES

        Hazards Identification Survey. The Butler County LEPC conducted a 12-hour survey to identify
hazardous materials transported in  or through the county. To cany out the survey, the LEPC developed
a form  for traffic watchers to fin in.  The form asked for the type of vehicle - e.g^ tank truck, non-tank
truck — and the placard number.  They chose as the locations they would survey the eight main entrance
points to the county (which includes the Kansas turnpike) as well as 7 other points within the county.
They conducted the survey over 12 hours because they wanted to know peak times as well as the number
of vehicles.                           .

        The LEPC members themselves took part in the survey and several volunteered the time of  other
people; for example, the sheriff volunteered his deputies; the Texaco representative brought a couple  of
his stair; and one member volunteered her mother.  People  took 4- to 6-hour shifts.  Using the LEPC
members instead of an all-volunteer force helped involve the members in the process and gave, them  an
investment in the plan.  Once the survey was done, all the information was plotted on a large map to give
the LEPC a picture of where the hazardous materials are and which are the major routes of concern for
planning purposes.

        Outreach.  The pubik relations people on the LEPC persuaded the local newspaper  to run
articles on Title HI and its significance to the public. The paper ran one major article and a couple  of
follow-up pieces later.  The  LEPC also ran spots on the radio. One LEPC member is a radio disk jockey
so he was able to present the spots himsdl

        The LEPC members also spoke to the Secretaries' Club,  the Lions, Kiwams, and the Rotary Club
to reach the local business community.


LESSONS LEARNED

        Help Comes from Unexpected Places.  One major lesson the Butler County LEPC learned, and
 the  one for which it has received national publicity, is that help can be found in. unexpected places.  The
 LEPC  hazards identification survey and emergency plan were developed by Allen Roe, an-inmate at  the
 state prison, who had been working as a file clerk in the county health office.  Roe estimates thai he has-

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                                                                c        Butler County, Kansas (cont.)
                                                                *
now spent over 800 hours working on the plan, meeting with SERC staff to review the plan, and providing
information  and help to other counties.  Roe urges counties to use inmates, if appropriate, and senior
citizens.  Not only do senior citizens have time, but they also are responsible and they know the county.


Contact:         Beverly Gaines or Allen Roe
                Butler County Court House
                Eldorado, Kansas 67042
                (316) 321-3400

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                                                                      Training
                                                                      Planning
                                                                      Funding
                                                                      Information Management
LEPC:  200-plus members (including representatives of all facilities reporting)

Population:    675,000 (includes Louisville)

Facilities:      210 reporting facilities
        In 1985, an accidental release of hexane resulted in an explosion that destroyed property above 2
1/2 miles of sewer lines.  Following that incident, the county adopted an ordinance that required
hazardous materials reporting and the development of emergency plans by facilities.


LEPC AcnvmEs

        Training.  Partially as a result of the planning process that was begun following the sewer system
accident, the county health department developed and delivered ha/mat training for the Federal Agency
for Toxic Substances and Disease  Registry (ATSDR), part of the U.S. Department of Health and Human
Services.  This hazmat training is focused on health department concerns (e.g., treatment of exposed
people and equipment), but it also covers all other aspects of hazardous materials response.  Many of the
emergency services organizations within the county participate in this training process. The course is  one
week in  length and is open to anyone interested.  Health officials, planners, and first responders from
various parts of the county have attended the training sessions.

        Planning. As a result of  the planning that followed the 1985 incident, fire departments in
Jefferson County adopted FEMA's integrated emergency management  system.  Tide HI information is
now integrated into the existing hazardous materials annex that was created initially under  that plan.

        The State of Kentucky has determined that all facilities subject to  SARA reporting will be
represented on LEPCs.  As a result, in addition to county representatives,  Jefferson  County^ LEPC has
one member for each of the 210 reporting faculties.  The number of initially affected facilities  was 218,
but 8 reduced inventories to avoid reporting requirements.  At first the large number of members of  the
 LEPC seemed unwieldy, but it has led to wide involvement in  the planning process by industry. Most of
 the work is being done by subcommittees consisting of LEPC members.

         Facilities  have .taken an active role in reducing hazards to the community, participating in the
 development of plan-;, and reducing and dividing inventories.  For example, some facilities  now break  up
 stored hazardous  substances into smaller containers. This reduces the overall hazard since the risk of all
 of the substance being involved in an accident is diminished.  The overall relationship between the county
 and industry has been improved as a result of the legislation.

         The county goes beyond the requirements of Tide HI  by requiring die development of on-site and
 off-site plans by facilities.  These  plans are separate'from die overall county plan. The on-site plans  cover
 hazardous  materials incidents dial are completely contained witiiin die facility fenceline.  The off-site  plan*
 include  diose incidents tiiat pass beyond die boundaries  of die facility.  The facility must identify special
 populations and otiier sensitive locations nearby for inclusion in die plan.  To assist  facilities with these

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                                                                 Jefferson County, Kentucky (cont.)
            •
plans, the county prepared sample plans.  The LEPC identifies the vulnerable zone for the facility using
Computer Aided Management of Emergency Operations CAMEO™  system calculations based on the
Technical Guidance for Hazards Analysis,  a document jointly published by EPA, FEMA, and DOT.

       The LEPC is broken into committees which individually are developing parts of the county's plan.
The work of the committees is voted on by the full LEPC.  The committees include the following:
Health Issues and OSHA Regulations Committee, Community Emergency Planning Committee, Com- „
munity Ordinance and Trade Secret Committee, and Information Committee.

       Funding.  The City of Louisville and Jefferson County each provided $25,000 and industry
voluntarily provided another $50,000 for use by the LEPC infonnation committee in undertaking public
education about community right-to^know.  Industry has^ contributed this money in the interest of
providing the public with a'full understanding of the infonnation reported.  Funding for other LEPC
activities  comes primarily from the city and county.,

       Information Management Jefferson County  is using CAMEQ™ to assist with planning.  The
Office of Disaster and Emergency Services  digitized a map of the county to put into the CAMEO'"
system.  In addition, on-site and off-site emergency plans that are required to be submitted by facilities
will be included in the system.
Contact:        Bud Fekete
               Louisville—Jefferson County
               Disaster and Emergency Services
               Room 113, City Hall   '
               601 West Jefferson
               Louisville, KY 40202
               (502) 625-3900
     1 CAMEO*1 is a personal computer (Apple Macintosh) based community planning and response tool
 It was jointly developed by NOAA and EPA and is designed to help communities comply with Title HI
 planning requirements.
                                                10

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                        REGIONAL PREPAREDNESS COORDINATORS
Ray DiNardo
EPA - Region 1
New England Regional Lab
60 Westview Street
Lexington, MA 02173

Bruce Sprague
EPA - Region 2
Woodbridge Avenue
Edison, NJ  08837

Karen Brown
EPA - Region 3
841 Chestnut Street
Philadelphia, PA   19107
Henry Hudson
EPA - Region 4
345 Courtland Street, ME
Atlanta, GA  30365

Jack Barnette
,EPA - Region 5
230 South Dearborn
Chicago, EL 60604
                     Minnie Rojo
                     EPA - Region 6
                     Allied Bank Tower
                     1445 Ross Avenue
                     Dallas, TX 75202-2733

                     Ron Ritter
                     EPA - Region 7
                     726 Minnesota Avenue
                     Kansas City, KS  66101

                     Cheryl Chrisler
                     EPA - Region 8
                     One Denver Place
                     999 18th Street, Suite 1300
                     Denver, CO  80202-2413

                     Kathleen Shimmin
                     EPA - Region 9
                     215 Fremont Street
                     San Francisco, CA  94105

                     Gordon Goff
                     EPA - Region 10
                     1200 6th Avenue
                     Seattle, WA  98101
 Regions

 4 - Alabama
 10 - Alaska
 9 - Arizona
 6 - Arkansas
 9 - California
 8 - Colorado
 1 - Connecticut
 3 - Delaware
 3 - D.C.
 4 -.Florida
 4 - Georgia
 9 - Hawaii
 10  - Idaho
 5 - Illinois
 5 - Indiana
 7 - Iowa
 7 -Kansas
 4  - Kentucky
  6  - Louisiana
Regions

 1 - Maine
 3 - Maryland
 1 - Massachusetts
 5 - Michigan
 5 - Minnesota
 4 - Mississippi
 7 - Missouri
 8 - Montana
 7 - Nebraska
 9 - Nevada
 1 - New Hampshire
 2 - New Jersey
 6 -. New Mexico
 2 - New York
 4 - North Carolina
 4 - North Dakota
 5 - Ohio
 6 - Oklahoma
 10 - Oregon
Regions

 3 - Pennsylvania
 1 - Rhode Island
 4 - South Carolina
 8 - South Dakota
 4 - Tennessee
 6 - Texas
 8 - Utah
 1 - Vermont
 3 - Virginia
10 - Washington
 3 - West Virginia
 5 - Wisconsin
 8 - Wyoming
 9 - American Samoa
 9 - Guam
 2 - Puerto Rico
 2 - Virgin Islands

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